PURE ENERGY GO Self-Serve Terms Of Service

Last Updated: May 30, 2024

These terms of service (“Terms”) cover your use and access to our services, applications and websites (“Services”). These Terms are effective when you click to accept them, use or access the Services, or otherwise indicate your acceptance of the Terms..

These Terms apply to the Self-Serve Services, which are services that you access or purchase through our website or mobile applications, as further defined below (we have separate terms for services negotiated by Order Form with our sales team including Multi-Site, Enterprise or Connected Fitness Partner plans). Other terms may also apply to your use of the Services, including our Privacy Policy and End User Licence Agreement.

1. Overview

This Agreement governs the use of PURE ENERGY GO’s solutions that are provided as part of a subscription or require a PURE ENERGY GO account, along with any software made available by PURE ENERGY GO in connection with such services (collectively, the “Services”).

Your use of the Services is subject to the applicable provisions in these Terms and any applicable plan or product limits, disclaimers, or other terms presented to you on our website or documentation, each of which are incorporated by reference in these Terms..

2. Licensed Application

Some of our Services allow you to download client software (“Licensed Application”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, non transferable, revocable licence to use the Licensed Application, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Additional Features. From time to time, PURE ENERGY GO may add additional features to enhance the user experience of our service at no additional charge. However, these free features may be withdrawn without further notice.

Third-Party Features. The Services may give you the option to link to third-party features and integrations. Dropbox does not own or operate any such features or integrations.  If you access or use any third-party features or integrations, you are responsible for this access and use, and Dropbox is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties.

Downloads. PURE ENERGY GO will not offer exchanges or refunds for any audio or video files downloaded from our website unless the error was a duplicate purchase, an administrative or website error.

3. Paid Accounts

Billing. We’ll automatically bill you from the date you confirm your order and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

Cancellation. You may cancel your Paid Account at any time. Refunds are only issued if required by law.

Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

3. PURE ENERGY GO’s Obligations

PURE ENERGY GO shall use reasonable endeavours to provide the Services in all material respects and in compliance with all applicable laws and regulations.

PURE ENERGY GO may, from time to time and subject to your prior written consent, which shall not be unreasonably withheld or delayed, change the Services, provided that such changes do not materially affect the nature or quality of the Services and, where practicable, it will give you at least one months’ notice of any change.

PURE ENERGY GO may share certain information about your order with a relevant Music Licensing Body (meaning “any organisation that issues public performance licences for the use of musical works and sound recordings by businesses”). This will only be done on the basis that it is of benefit to PURE ENERGY GO, the Music Licensing Body, their licensees and the fitness sector by avoiding duplication of effort and improving efficiencies associated with music licensing.

4. Your Obligations

You shall:

cooperate with PURE ENERGY GO in all matters relating to the Services,

provide, in a timely manner, any information as PURE ENERGY GO may reasonably require in order to provide the Services, and

limit the use of the PURE ENERGY GO service to employees operating at your venue(s).

If PURE ENERGY GO’s performance of its obligations under this agreement is prevented or delayed by any act or omission by you, your agents, subcontractors, consultants or employees, PURE ENERGY GO shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

5. Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if PURE ENERGY GO reasonably believes:

you’re in breach of these Terms, or

your use of the Services would cause a real risk of harm or loss to us or other users.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

6. Warranties

PURE ENERGY GO warrants that it has the right to grant the rights granted to you under these Terms, use of the Compositions and Masters as licenced here will not infringe the intellectual property rights of any third parties; and none of the Compositions and Masters are administered by any collecting society by way of membership of a collecting society and no further licence fees are payable to any third party for the use or public performance of the Compositions and Masters.

7. Intellectual property rights

All Intellectual Property Rights and all other rights shall be owned by PURE ENERGY GO.

In the event that you provide material, or content of any type for the purpose of consumption by your members it is acknowledged that all Intellectual Property Rights in such material are owned and controlled by you.

8. Limitation of liability

Nothing in these terms limits or excludes PURE ENERGY GO’s liability for:

(a) death or personal injury caused by its negligence;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or 

(d) any other liability which cannot be limited or excluded by applicable law.

PURE ENERGY GO shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; any indirect or consequential loss.

PURE ENERGY GO’s total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to:

£1,000 per claim, and

in respect of all claims (connected or unconnected) in any consecutive 12 month period, the equivalent of the total charges paid by you in that period.

The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.

9. Data Protection

PURE ENERGY GO shall process all personal data it obtains in the performance of the Services in accordance with best practice and in compliance with the Data Protection Legislation. Further details are available in our Privacy Policy.

10. Waiver

No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

11. Rights and remedies

The rights and remedies provided under these terms are in addition to, and not exclusive of, any rights or remedies provided by law.

12. Severance

If any provision or part-provision of these terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

13. Entire agreement

These terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

14. Assignment and other dealings

PURE ENERGY GO may at any time assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under these terms, provided that PURE ENERGY GO provides you with prior written notice.

15. No partnership or agency

Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between you, anyone you are representing and PURE ENERGY GO.

16. Third party rights

Only you, PURE ENERGY GO, their successors and permitted assignees, shall have any right to enforce any of these terms.

17. Reservation of Rights

These Terms do not grant: (a) PURE ENERGY GO any Intellectual Property Rights in your data; or (b) you any Intellectual Property Rights in the Services, Materials, or PURE ENERGY GO trademarks and brand features. You acknowledge that you are obtaining only a limited right to use the Services and that irrespective of any use of the words “purchase”, “sale” or similar terms, no ownership rights are transferred to you (or its End Users) under these Terms.

18. Governing law and jurisdiction

These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).